MDL 2724 In Re: Generic Pharmaceuticals Pricing Antitrust Litigation

The Honorable Cynthia M. Rufe, Presiding

Pretrial Orders
Hearing Transcripts and Audio Files


MDL 2724, In re Generic Pharmaceuticals Antitrust Pricing Litigation, encompasses potential class action lawsuits in which: (a) plaintiffs assert claims for price fixing of generic drugs in violation of the Sherman Act and/or state antitrust laws on behalf of overlapping putative nationwide classes of direct or indirect purchasers of generic pharmaceuticals; (b) the average market price of the subject generic pharmaceutical is alleged to have increased between 2012 and the present; (c) defendants are alleged to have effectuated the alleged conspiracy through direct company-to-company contacts and through joint activities undertaken through trade associations, in particular meetings of the Generic Pharmaceutical Association; and (d) the allegations stem from the same government investigation into anticompetitive conduct in the generic pharmaceuticals industry. Currently, there are claims concerning 18 drugs against a number of pharmaceutical manufacturers. The Judicial Panel on Multidistrict Litigation recently expanded the scope of the MDL to include claims brought by 40 States, proceeding through their Attorneys General.

Pretrial Orders

Order Order Title or Topic Issued  
Pretrial Order No. 1 Setting initial conference, inviting applications for liaison counsel and steering committees, establishing initial filing procedures 08/15/2016
Pretrial Order No. 2 Appointing Roberta Liebenberg, Esquire (on behalf of the End-Payer Plaintiffs) and Dianne Nast, Esquire (on behalf of the Direct-Purchaser Plaintiffs) as Plaintiffs’ Liaison Counsel 09/08/2016
Pretrial Order No. 3 Appointing Jan Levine, Esquire as Defendants’ Liaison Counsel 09/08/2016
Pretrial Order No. 4 Setting Status Conference 10/19/2016
Pretrial Order No. 5 Initial Scheduling, Discovery Protocols, and Acceptance of Servicel 11/16/2016
Pretrial Order No. 6 Appointing Plaintiffs’ Steering Committee (PSC) 11/28/2016
Pretrial Order No. 7 Protective Order 01/26/2017
Pretrial Order No. 8 Time and Expense Guidelines and Reports 02/21/2017
Pretrial Order No. 9 Changes to the PSC (Amending PTO 6) 03/20/2017
Pretrial Order No. 10 Duties and Authority of Plaintiffs’ Co-Lead Counsel 03/24/2017
Pretrial Order No. 11 Briefing on the Motions to Dismiss 03/28/2017
Pretrial Order No. 12 Procedure for Cases Newly-Filed into MDL 04/10/2017
Pretrial Order No. 13 Submission of Proposals Regarding Structure of Expanded MDL 04/10/2017
Pretrial Order No. 14 Setting Status Conference 04/10/2017
Pretrial Order No. 15 Briefing on the Motions to Dismiss 04/10/2017
Pretrial Order No. 16 ECF Registration and Notice to Counsel 05/03/2017
Pretrial Order No. 17 Submission of Applications for PSC and Defense Liaison Counsel 05/04/2017
Pretrial Order No. 18 Vacating PTO 15; Dismissing Motions to Dismiss 05/04/2017
Pretrial Order No. 19 Deadlines for Responsive Pleadings 05/09/2017
Pretrial Order No. 20 Comment Period for Draft Electronic Case Management Order 05/19/2017
Pretrial Order No. 21 Establishing PSCs and Appointing Counsel (Superseding PTOs 6 and 9) 05/19/2017
Pretrial Order No. 22 Appointing Defense Liaison Counsel (Superseding PTO 3) 05/19/2017
Pretrial Order No. 23 Scheduling: Filing of Amended Proposed Class Action Complaints by August 15, 2017; Stay of Discovery until September 15, 2017 05/22/2017
Pretrial Order No. 24 First Electronic Case Management Protocol Order 05/26/2017
Pretrial Order No. 25 Amending Paragraph 13 of PTO 24 06/01/2017
Pretrial Order No. 26 Interim Protective Order Concerning Protected Information for Use in Consolidated Amended Complaints 06/28/2017
Pretrial Order No. 27 Time and Expense Guidelines and Reports (Supplementing PTO 8) 07/10/2017
Pretrial Order No. 28 Briefing on Motions to Dismiss; First Motions Due October 6, 2017 07/13/2017
Pretrial Order No. 29 Interim Protective Order Concerning ECRM Protected Information for Use in Consolidated Amended Complaints 07/31/2017
Pretrial Order No. 30 Setting Status Conference 08/03/2017
Pretrial Order No. 31 Service of Process: Approval of Stipulation; Proposal to Resolve Disputes 08/07/2017
Pretrial Order No. 32 Extending Stay of Discovery 08/28/2017
Pretrial Order No. 33 Second Electronic Case Management Protocol Order 08/29/2017
Pretrial Order No. 34 Agreement as to Service of Process 08/30/2017
Pretrial Order No. 35 Briefing on Motions to Dismiss in Case Management Groups 2 and 3 09/12/2017
Pretrial Order No. 36 Appointing Liaison Counsel for State Attorneys General Plaintiffs 09/26/2017
Pretrial Order No. 37 Duties and Authority of Lead Counsel (Superseding PTO 10) 09/28/2017

Hearing Transcripts and Audio Files

Hearing No. Title or Topic Date Held Docket Entry No. Date Entered  
1 Transcript for First Hearing 09/08/2016 63 10/03/2016 PACER
1 Audio File(s) for First Hearing 09/08/2016 428 08/28/2017 PACER
2 Transcript for Second Hearing 11/16/2016 86 12/05/2016 PACER
2 Audio File(s) for Second Hearing 11/16/2016 429 08/28/2017 PACER
3 Transcript for Third Hearing 05/04/2017 338 05/18/2017 PACER
3 Audio File(s) for Third Hearing 05/04/2017 430 08/28/2017 PACER